Appeal No. 2001-2115
Reissue Application 08/433,986
is partly inoperative or invalid. Although Appellant argues that
the declaration of Mr. Lyon is incorporated by reference because
Mr. Bieberstein specifically referenced and swore that he had
reviewed the Declaration of Richard E. Lyon, Jr. (Br8), we do not
consider the language of Mr. Bieberstein's declaration to clearly
incorporate by reference the Lyon declaration. See Advanced
Display Systems Inc. v. Kent State University , 212 F.3d 1272,
1282-83, 54 USPQ2d 1673, 1679-80 (Fed. Cir. 2000) (must cite in a
manner that makes clear that the material is effectively part of
the host document as if it were explicitly contained therein).
Thus, we do not rely on the declarations by Mr. Lyon and
Mr. McConaghy. Nevertheless, Mr. Bieberstein's declaration
satisfies the requirements of Rule 1.175(a)(1).
The declaration must state under 37 CFR § 1.175(a)(2): "All
errors . . . arose without any deceptive intention on the part of
the applicant." Mr. Bieberstein stated that there was "no intent
to deceive or delay in achieving the correct result" (p. 4),
which we find to be the same as stating that the error arose
"without deceptive intention." The requirement of Rule
1.175(a)(2) is satisfied.
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